3.  Assignment

3.1  The Beneficiary may assign the benefit of this Deed and/or the rights arising hereunder (whether or not accrued) on two occasions by absolute assignment to any person without the Surveyor's consent and thereafter with the consent of the Surveyor (such consent not to be unreasonably withheld or delayed).

3.2  In this Deed references to the Beneficiary include where the context admits its assigns.

3.3  The Surveyor shall not be entitled to contend that any person to whom this Deed is assigned in accordance with Clause 3.1 is precluded from recovering under this Deed any loss incurred by such assignee resulting from any breach of this Deed (whenever happening), by reason that such person is an assignee and not a named promisee hereunder.